Litigation Funding in England and Wales: Certain Observations
Preface The marked retreat of state funding for civil disputes in England and Wales allied with the (generally) increased costs of going to Court has meant that new ways of providing finance to a client with limited resources – but an ostensibly genuine and worthwhile claim – is essential. This Article sets out the broad … Continue reading Litigation Funding in England and Wales: Certain Observations
Evidence to Assist a Foreign Arbitration: Case Law
Statement of Law The English Court has power to order the taking of evidence by way of deposition from a non-party witness for the purpose of supporting a foreign arbitration. A & Anor v. C & Others [2020] EWCA Civ 49 The Court of Appeal so held – when allowing an appeal by the Claimants … Continue reading Evidence to Assist a Foreign Arbitration: Case Law
Disputes: Documents and Disclosure
“Never anything can be amiss, when simpleness and duty tender it” William Shakespeare (from A Midsummer Night’s Dream) Disputes : Documents and Disclosure Preface The eloquent sentiments of this quotation from England’s finest Bard might properly inform that approach on possibly the most important aspect and burdensome of legal tasks: the duty to disclose material … Continue reading Disputes: Documents and Disclosure
Witnessing a Will
Payne & Anor. v. Payne [2018] EWCA Civ. 985 A recent decision in the Court of Appeal (Civil Division) has blown a breeze of clarity on a question which had hitherto been unanswered for over 180 years : what must a Testator do to ensure that their Will is properly witnessed? Some background first of … Continue reading Witnessing a Will
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